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BROWN v. ATCHLEY

Nos. 20-16290, 21-15922.

76 F.4th 862 (2023)

Gregory L. BROWN, Petitioner-Appellant, v. M. ATCHLEY, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 3, 2023.

Attorney(s) appearing for the Case

Yevgeniy M. Parkman (argued), Assistant Federal Public Defender; Jodi Linker , Federal Public Defender; Federal Public Defender's Office; San Francisco, California; for Petitioner-Appellant.

Gregory A. Ott (argued), Deputy Attorney General; Peggy S. Ruffra , Supervising Deputy Attorney General; Jeffrey M. Laurence , Senior Assistant Attorney General; Rob Bonta , Attorney General of California; Office of the California Attorney General; San Francisco, California; for Respondent-Appellee.

Concurrence by Judge Ikuta

OPINION

Gregory Brown, a prisoner serving a sentence of 56 years to life, brought two federal habeas petitions challenging the state court's denial of his application for resentencing under section 1170.95 of the California Penal Code.1 The district court dismissed his petitions as second...

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